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STATE OF WISCONSIN

CIRCUIT COURT
CRIMINAL COMPLAINT

DANE COUNTY

STATE OF WISCONSIN
Plaintiff,
-vsFRANK A JERMUSEK
1406 Flag Ave
Saint Louis Park, MN 55426
DOB: 07/13/1994
Sex/Race: M/W
Eye Color: Green
Hair Color: Brown
Height: 6 ft 1 in
Weight: 205 lbs
Alias:

Ref. Agency: Madison (City) Police
Department
DA Case No.: 2014DA000861
Assigned DA/ADA:
Agency Case No.: 2014-00024976
Court Case No.: 2014CM
A TN :13011401250354

Defendant,
COMPLAINING WITNESS
Acker, Amos, Gary, Zwart
The above-named complaining witness being first duly sworn states the following:
Count 1: FOURTH DEGREE SEXUAL ASSAULT
The above-named defendant on or about Saturday, January 25, 2014, in the City of
Madison, Dane County, Wisconsin, did have sexual contact with CME, without that
person's consent, contrary to sec. 940.225(3m), 939.51 (3)(a) Wis. Stats., a Class A
Misdemeanor, and upon conviction may be fined not more than Ten Thousand Dollars
($10,000), or imprisoned not more than nine (9) months, or both.
Count 2: MISDEMEANOR BATTERY
The above-named defendant on or about Saturday, January 25, 2014, in the City of
Madison, Dane County, Wisconsin, did cause bodily harm to John T Schnelling, by an act
done with intent to cause bodily harm to that person, without that person's consent,
contrary to sec. 940.19(1), 939.51 (3)(a) Wis. Stats., a Class A Misdemeanor, and upon
conviction may be fined not more than Ten Thousand Dollars ($10,000), or imprisoned not
more than nine (9) months, or both.
Count 3: DISORDERLY CONDUCT
The above-named defendant on or about Saturday, January 25, 2014, in the City of
Madison, Dane County, Wisconsin, while in a public place, did engage in violent, abusive,
or otherwise disorderly conduct, under circumstances in which such conduct tended to
cause or provoke a disturbance, contrary to sec. 947.01(1), 939.51 (3)(b) Wis. Stats., a
Class B Misdemeanor, and upon conviction may be fined not more than One Thousand
Dollars ($1,000), or imprisoned not more than ninety (90) days, or both.
02/04/2014

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 STATE OF WISCONSIN - VS - Frank A Jermusek

FACTS:
Your complainant is a detective with the City of Madison Police Department and for this
complaint is relying on the written police reports submitted by City of Madison Police
Officers Benjamin Schwartz and Justin Creech.
Officer Schwartz reports that on January 25, 2014, he was dispatched to 409 W. Gorham
St., Apt. #1004, City of Madison, Dane County, Wisconsin, reference a sexual assault at
1:01 a.m. along with Officer Creech. While en route. Dispatch advised that JBM Security
were on-scene and currently had a suspect detained on the tenth floor reference the
sexual assault that had occurred.
Officer Schwarz reports they arrived at 409 W. Gorham St. at 1:05 a.m., and he made
contact with the JBM officer, who escorted them upstairs. Once on the tenth floor. Officer
Schwarz states he observed that there was an unconscious male white, who was later
identified with a Minnesota photo driver's license as Frank A. Jermusek, the defendant
herein, who was in handcuffs and lying on the floor outside of the elevator.
Officer Schwarz noticed that Jermusek had vomited on his shirt and the area near his
person. Jermusek had then passed out and was being monitored by JBM Security.
Officer Schwarz reports he spoke with the victim whose name forms the initials CME. She
was seated on the floor in the haliway at the far end of the tenth floor along with two of her
friends from high school, John T. Schnelling and le ss M. Steplyk. CME was crying and
was visibly upset. She had difficulty talking and catching her breath .
Officer Schwarz asked CME to describe what happened that evening, and she stated that
she had arrived at 409 W. Gorham St. #1004 in an attempt to go to the party with several
members of her high school class. CME stated that she was standing in the kitchen along
with Schneliing, Steplyk, and others, when she observed a male white with sandy blond
hair, which hung down to approximately his eyebrows. She stated that as the three or four
individuals were standing in the kitchen, Jermusek had approached CME and had been
trying to hit on her. She stated that she had dismissed the advances of Jermusek and that
he had momentarily stopped. CME stated that Jermusek then continued to try to speak
with her and to hit on her and that Jermusek had placed his hand on her hip and was trying
to continue speaking with her. CME stated that Jermusek had then put his arm around her
and was pulling her closer to him. She stated that she has never met Jermusek, nor has
she seen him prior to that evening. CME stated that she did not know the first or last name
of Jermusek, and has no type of relationship with Jermusek. CME went on to state that
she has a boyfriend and that she was not looking for any type of romantic encounter that
evening.
CME stated that while she was standing in the kitchen with her back up against the stove,
Jermusek stood on the left side of her and that with his right hand he had reached inside of
her black pants and inside of her underwear and slid his hand down her pants. She stated
that Jermusek had touched her external genitals, including her labia, but that he was not
successful in digitally penetrating her vagina. CME stated that Jermusek was attempting to
do so and that she was trying to push his hand away. Officer Schwarz reports he asked
CME if she had stated anything to Jermusek while he had done this, and she stated that
she shouted to Jermusek, “What are you doing?” and, “Why are you doing this?” CME
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 STATE OF WISCONSIN - VS - Frank A Jermusek

Stated that she was eventually able to pull Jermusek’s right hand out of the front of her
underwear and that she had slapped Jermusek for “violating her.”
CME stated that she “felt extremely violated” and was upset by what had happened. CME
went on to state that this is “nothing that she would ever want to experience.” CME
continued to have difficulty in recounting her story and was crying during the duration of
the story, and was visibly upset. CME went on to state that after this had occurred, others
who were in the room were aware that an altercation had happened between her and
Jermusek and that after she had slapped Jermusek, others had attempted to intervene.
CME stated that Schnelling had attempted to intervene between the two and was pushing
Jermusek away from CME. She stated that after Schnelling was attempting to do so,
Jermusek punched Schnelling once in the face. CME stated that she didn’t think that it was
right that she had been violated by Jermusek and did not think that it was right that
Jermusek had punched her friend Schnelling for no reason. CME stated that after
Schnelling had been punched, Jermusek had been separated from Schnelling and taken
into another room. CME went on to state that Schnelling had encouraged her to call 911
and they were beginning to do so as they were walking out into the hallway. She stated
that they then encountered a pair of JBM officers who were working the hallway on their
normal patrol and advised that a sexual assault had occurred.
Officer Schwarz asked CME if she had given Jermusek consent to reach inside of her
pants and fondle her genital area. CME stated that she did not give Jermusek consent and
that she was upset by his actions.
Officer Schwarz reports he spoke with Schnelling who informed him of the following:
Schnelling stated that he had attended high school in Kenosha with CME and his girlfriend,
Steplyk, and several others who were at the party that evening. Schnelling stated that
while they were at the party they had all consumed a couple of beverages and that while
standing in the kitchen area, Schnelling observed a male who was unknown to him identified as Jermusek - and who was attempting to speak with CME. Schnelling stated
that he did not have a good feeling about the way this individual was getting too close to
CME and that he was trying to get CME to walk closer to him and away from Jermusek.
Schnelling stated that he observed that CME was beginning to appear flustered by the
efforts of Jermusek and that he was trying to intervene before something happened
between the two of them. Schnelling stated that he did not view the sexual assault take
place, but upon turning back and seeing CME, he could tell that she was visibly upset.
Schnelling stated that he observed CME slap Jermusek and he could tell that something
had happened.
Schnelling stated that he then pushed Jermusek away from CME in an attempt to protect
her. Schnelling stated that he was upset and was shouting at Jermusek. Schnelling stated
that before he knew what had happened, he was “cold-cocked” with a right hook on his left
cheekbone. Officer Schwarz reports he was able to view that the left cheekbone area of
Schnelling was swollen and was raised approximately 1/2” to 1” beyond the normal size on
the right side of Schnelling’s face.
Schnelling said that another individual who was at the party was Reed L. Kinning who had
intervened between the two and was, with the assistance of others, separating Jermusek
from Schnelling. Schnelling stated that Reed and Jermusek then went into one of the side
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 STATE OF WISCONSIN - VS - Frank A Jermusek

rooms and Schnelling stated that he was lobbying to have Jermusek kicked out of the
party. Schnelling stated that Jermusek was eventually escorted out of the apartment and
down through the hallway. Schnelling stated that he was encouraging CME to call 911 and
had taken out his phone in an effort to call reference what had happened, the sexual
assault and battery, that evening. Schnelling stated that upon making his way to the
hallway, he encountered two JBM officers and reported that a sexual assault had occurred.
Schnelling stated that the information was then passed along to other JBM officers and it
was believed that the suspect had been contacted and was detained by JBM.
Officer Schwarz asked Schnelling if he gave consent to Jermusek to strike him in the left
side of the face with a closed right fist. Schnelling stated that he did not give Jermusek
consent to batter him.
Officer Creech reports that medics were called to transport Jermusek to Meriter Hospital
given his state of wellbeing. At approximately 2:10 a.m., he followed Medic 1 to Meriter
Hospital.
Officer Creech reports that at approximately 2:20 a.m., they arrived at Meriter Hospital,
where Jermusek was admitted and placed temporarily in ER 15. At this point, Jermusek
was relatively unresponsive and still covered in his own vomit. Jermusek was taken to the
third floor CT area at approximately 3:30 a.m.
Officer Creech states that while being in the ER, he learned that Jermusek had been on
the third floor in the CT scan area and overheard one of the RN’s say that the subject from
ER 15 was being resistive in the CT area.
Officer Creech reports that shortly thereafter, they received an escort from Meriter Hospital
staff to the third floor area where the CT was attempting to be performed. Officer Creech
reports there were numerous hospital staff attempting to restrain Jermusek. Jermusek was
yelling and he saw him spit on two separate occasions upon Officer Creech’s entrance.
There were 3-4 Meriter Security Officers holding Jermusek down and giving him verbal
commands to lie down and remain calm but Jermusek continued to attempt to get off of the
bed and continued to yell. A spit hood had to be placed on Jermusek and Jermusek
needed to be restrained by his arms and legs to the hospital bed. Even while being
restrained and wearing a spit hood, Jermusek continued to thrash about.
Officer Creech reports he contacted Security Officer Richard D. O’Nan, who is the Senior
Security Officer for Meriter Hospital. O'Nan said that while they were attempting to get
Jermusek to comply with their order, Jermusek attempted to bite his hand. O'Nan said that
Jermusek did not actually bite his hand, but that he was fearful Jermusek was going to
given Jermusek’s unpredictable behavior. O'Nan said that he was bothered by Jermusek’s
behavior. O'Nan also said that Jermusek was spitting all over the room.
Officer Creech reports he also learned that CT Tech, Lindsay L. Conmey had originally
been alone in the room upon Jermusek’s arrival to the CT area, only in the company of
one other, newer, female RN and her assistant. Officer Creech noted the obvious
difference in size between Conmey and the RN Suzanne M .Hoffman. As Jermusek was
over 6 feet tall and weighing over 200 lbs. Officer Creech reports he also learned that
during this time, Conmey was extremely frightful as she did not know what Jermusek’s
intentions were and she was very afraid that Jermusek was going to punch her. Conmey
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 STATE OF WISCONSIN - VS - Frank A Jermusek

Stated that she had to grab a hold of Jermusek’s arm to avoid being struck. Conmey said
that she began sweating because she was so scared.
Officer Creech states that Jermusek eventually made it back down to ER 15, after attempts
to have the initial CT scan were unsuccessful. Jermusek remained calm momentarily and
at approximately 4:00 a.m., Jermusek began exhibiting more violent and assaultive
behavior. Jermusek attempted to get up from the hospital bed at which point he was
informed that he should not get up. Jermusek continued to attempt to get up and thrash
about at which point Officer Creech and two other MPD Officers assisted the three RN’s
that were attempting to calm Jermusek down. During this time, with the assistance of
Officer Creech and two other MPD officers, three Security Officers and three RN’s,
Jermusek continued to be resistive and spat numerous times. His spitting did not appear to
be directed at any one individual, but nonetheless a spit hood was placed on Jermusek
and additional medication was administered to calm Jermusek down. The medication
seemingly took effect as Jermusek was almost immediately calm and at this point it
appeared that Jermusek went to sleep.
Officer Creech reports he spoke with Hoffman, a relatively new RN at Meriter Hospital,
who was present during both of Jermusek’s outbursts. She told him that she was very
frightened by Jermusek’s behavior. She said that she was very frightened when Jermusek
was originally taken to the 3’’'^ floor for his CT’s as it was only her and her assistant and the
CT Tech, when Jermusek began exhibiting his initial combative behavior. She also
became disturbed at the behavior that Jermusek was exhibiting towards Security Officers
with their attempt to calm Jermusek down.
This complaint is based on the information and belief of your complainant, who is a
detective for the City of Madison, and who learned of the above offenses from the reports
of City of Madison Police Officers Schwarz and Creech, which reports your complainant
believes to be truthful and reliable inasmuch as Officers Schwarz and Creech prepared
them during the course of their official duties.
Further, your complainant believes the information furnished by the witnesses to be truthful
and reliable inasmuch as CME and John Schnelling are citizen informants and witnessed
the events described.
Further, your complainant believes the information furnished by defendant to be truthful
and reliable insofar as they are admissions against penal interest.
Subscribed and sworn to before me,
and approved for filing on:
This_____day o f_____________ , _____

ASSISTANT/DEP DISTRICT ATTORNEY
DANE COUNTY, WISCONSIN

COMPLAINANT

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